Whenever someone is involved in an accident, certain duties are triggered. One of those duties is to preserve any evidence that may become useful to the opposing party in the event that a lawsuit is later filed by the accident victim. A party’s failure to preserve material evidence can result in a variety of sanctions being imposed against that party, including the judge entering judgment in favor of the opposing party. A recent case in front of a federal court of appeals illustrates this concept.
Schaefer v. Universal Scaffolding: The Facts
The plaintiff, Schaefer, was a construction worker who routinely worked with scaffolding. On the day in question, a piece of scaffolding came loose and struck Schaefer in the head, causing serious injuries. Schaefer filed a product liability claim against the manufacturer of the scaffolding, as well as related claims against his own employer as well as the company that contracted the work to be done. Relevant to this case was Schaefer’s claim against the manufacturer of the scaffolding.
Before the trial began, Schaefer was informed that the actual piece of scaffolding that struck him in the head was no longer in the possession of the defendant. Believing this evidence to be crucial to his case, Schaefer asked the court to enter judgment in his favor because the evidence had been in the sole control of the defendant, and it was their duty to preserve it. Schaefer claimed that it was reasonably foreseeable that he would have filed a product liability claim against the manufacturer, and that triggered a duty to preserve the evidence.